Admissibility of credit on capital goods and inputs and to state that the Tribunal has ruled that 'capital goods

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..... e your attention to the landmark judgement of the CESTAT Larger Bench in the case of Vandana Global Ltd. V/s CCE, Raipur [2010-TIOL-624-CESTAT-DEL-LB] delivered on 30.04.10 , on admissibility of credit on capital goods and inputs and to state that the Tribunal has ruled that 'capital goods' defined in the CENVAT Credit Rules , in the context of providing credit of duty paid, have to be excisable .....

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..... o the Tribunal's judgement in the case of Vikram Cement V/s CCE, Indore [2009(242) ELT 545 (Tri-Del)] , where the Tribunal held that credit on welding electrodes used for repair and maintenance, is not available as input. It may also be noted that in the case of Vikram Cements V/s CCE, Indore [2005(187) ELT 145 (SC)] , it has been conclusively held by the Apex Court that the definition of capita .....

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..... for items like cement, angles, channels, CTD or TMT bars and other items used for construction of factory shed, building or laying of foundation or making of structures for support of capital goods. Further, credit shall also not be admissible on inputs used for repair and maintenance of capital goods. 4. In view of above stated position, necessary action may be taken to safeguard revenue immed .....

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